Facts
Company Z. AG was subject to enforcement proceedings by the debt collection office in Zug. The seizure judge granted the definitive release of the objection on 15 January 2004. Company Z. AG appealed this decision to the justice commission of the cantonal court of Zug. On 27 February 2004, the president of the justice commission granted the appeal suspensive effect. On 25 February 2004, the debt collection office had threatened Company Z. AG with bankruptcy following the enforcement request. Company Z. AG appealed against this bankruptcy threat, requesting its revocation. The justice commission of the cantonal court of Zug rejected this appeal. Company Z. AG then brought the case before the Federal Tribunal.Considerations
The Federal Tribunal dismisses the appeal. It considers that the granting of suspensive effect to the appeal against the decision of definitive release of the objection has the effect of blocking the effects of the validly established bankruptcy threat. As long as the suspensive effect is granted, the bankruptcy threat is suspended in its effects. However, if the appeal against the release decision is ultimately rejected, as is the case here, the release becomes definitive and the…